Ms. Diane Haimes Libguide on Florida Probate: Home

Probate proceedings are initiated with the filing of a Petition of Administration by an interested person asking to be appointed the personal representative and/or asking to distribute property of the estate. The petition is generally prepared by an attorney, but some filings are pro se. The decedent must have resided or owned property in the County where the petition is filed. 

A personal representative is responsible for the estate until all bills are paid and the balance of the estate is distributed to the beneficiaries. Generally, a person designates a personal representative in their will. However, interested parties can decide on one, or the court can appoint a personal representative. In any case, the court approves the personal representative.

Most estates have what is called Formal Administration. However, Summary Administration can be filed if the estate contains less than $75,000 in non-exempt assets or at least two years have passed since the date of the decedent's death. 

When a person dies with a valid will, they die "testate," and the personal representative will follow their wishes as presented in the will. An "intestate" estate arises in three situations, the decedent dies: 1) without having executed a will, 2) having revoked an executed will, or 3) having executed a will that was later held to be invalid. In these case, the rights to inherit are determined by Florida Statute. 

The Florida Probate Code is found in Chapters 731 thorough 735 of the Florida Statutes, and the rules governing probate proceedings are found in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530).